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2023-17-05 SCHEMPP-HIRTH FLUGZEUGBAU GMBH: Amendment 39-22531; Docket No. FAA-2023-1054; Project Identifier MCAI-2022-01513-G.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective October 12, 2023.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This  AD  applies  to  Schempp-Hirth Flugzeugbau GmbH  (Schempp-Hirth)
    Model Ventus-2a and Ventus-2b gliders,  all  serial  numbers,  certif-
    icated in any category.

(d) SUBJECT

    Joint Aircraft System Component (JASC) Code 2760, Drag Control System.

(e) UNSAFE CONDITION

    This AD is prompted  by reports of uncommanded extraction  of the air-
    brakes on one or both wings,  possibly resulting in reduced control of
    the glider. The FAA is issuing this AD to address this condition.  The
    unsafe condition, if not addressed, could result in reduced control of
    the glider.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready done.

(g) REQUIRED ACTIONS

(1) Within 40 days after the effective date of this AD  and  thereafter at
    intervals  not  to  exceed  100 hours time-in-service  (TIS),  do  the
    actions in paragraphs (g)(1)(i) and (ii) of this AD.

(i) Inspect the airbrake bell cranks and airbrake drive funnels for crack-
    ing at the welding seams, in accordance with Action paragraphs 1a) and
    1b)  in  Schempp-Hirth  Technical  Note 349-43,  dated  August 9, 2022
    (Schempp-Hirth TN 349-43).

(ii) Inspect the clearance of the airbrake control system,  in  accordance
     with Action paragraph 1c) in Schempp-Hirth TN 349-43; and Action par-
     agraph 1.c)  in Schempp-Hirth Working Instruction  for Technical Note
     349-43 dated August 9, 2022 (Schempp-Hirth Working Instruction TN 349
     -43). Where Schempp-Hirth Working Instruction TN 349-43 specifies "if
     in doubt" use plasticine lines, this AD requires using plasticine
     lines.

Note 1 to paragraph (g)(1):  This  service information  contains German to
English translation. The European Union Aviation Safety Agency (EASA) used
the English translation in referencing  the  document  from Schempp-Hirth.
For enforceability purposes, the FAA will refer to the Schempp-Hirth serv-
ice information in English as it appears on the document.

(2) If, during any inspection  required by paragraph (g)(1)(i) of this AD,
    any cracking at the welding seams is detected, before next flight,  do
    the   applicable  corrective   actions  in   accordance  with   Action
    paragraph(s) 2a), 2b), 2c), and  2d), in Schempp-Hirth TN 349-43;  and
    Action  paragraph(s)  2.a),  2.b), 2.c),  and  2.d),  in Schempp-Hirth
    Working Instruction TN 349-43. Where Schempp-Hirth Working Instruction
    TN 349-43 specifies to purchase a new mounting plate with a reinforced
    airbrake  bell   crank  installed   from  the   manufacturer  or   its
    international representative, this AD does not specify the source from
    which new parts should be purchased.

(3) If, during any inspection required by paragraph (g)(1)(ii) of this AD,
    it is determined  that there is  interference among the  components of
    the airbrake control  system and adjustments  to the airbrake  control
    system are needed,  do those adjustments  in accordance with  a method
    approved by the FAA; EASA; or Schempp-Hirth’s EASA Design Organization
    Approval (DOA). If approved by the DOA, the approval must include  the
    DOA-authorized signature.

(4) Unless already accomplished  as required by paragraph (g)(2)  of  this
    AD, within 12 months after the effective date of this AD, replace  the
    airbrake bell cranks with reinforced airbrake bell cranks and  replace
    the  airbrake  drive  funnels   with  reinforced  drive  funnels,   in
    accordance with Action paragraph  2d) in Schempp-Hirth TN  349-43; and
    Action  paragraph(s)  2.a),  2.b), 2.c),  and  2.d),  in Schempp-Hirth
    Working Instruction TN 349-43. Where Schempp-Hirth Working Instruction
    TN 349-43 specifies to purchase a new mounting plate with a reinforced
    airbrake  bell   crank  installed   from  the   manufacturer  or   its
    international representative, this AD does not specify the source from
    which new parts should be purchased.

(5) Replacement on a glider of each airbrake bell crank and airbrake drive
    funnel with a reinforced airbrake bell crank and a reinforced airbrake
    drive funnel,  as required by  paragraph (g)(2) or paragraph (g)(4) of
    this AD, constitutes terminating action for the repetitive inspections
    required by paragraph (g)(1) of  this AD for that glider.  The initial
    inspection is required for all gliders.

(h) ALTERNATIVE METHODS OF COMPLIANCE (AMOCS)

    The Manager, International Validation  Branch, FAA, has the  authority
    to approve AMOCs for this AD, if requested using the procedures  found
    in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to
    your principal inspector or local Flight Standards District Office, as
    appropriate. If  sending information  directly to  the manager  of the
    International Validation Branch, mail it to the address identified  in
    paragraph (i)(2) of this  AD or email to:  9-AVS-AIR-730-AMOC@faa.gov.
    If mailing information, also submit information by email. Before using
    any approved  AMOC, notify  your appropriate  principal inspector,  or
    lacking  a  principal  inspector,  the  manager  of  the  local flight
    standards district office/certificate holding district office.

(i) ADDITIONAL INFORMATION

(1) Refer to EASA AD 2022-0229,  dated November 28, 2022,  for related in-
    formation.  This EASA AD may be found in the AD docket at regulations.
    gov under Docket No. FAA-2023-1054.

(2) For more information about this AD,  contact Jim Rutherford,  Aviation
    Safety Engineer,  FAA,  1600 Stewart Avenue,  Suite 410,  Westbury, NY
    11590; phone: (816) 329-4165; email: jim.rutherford@faa.gov.

(j) MATERIAL INCORPORATED BY REFERENCE

(1) The Director of the Federal Register  approved  the  incorporation  by
    reference of the service information  listed in this paragraph under 5
    U.S.C. 552(a) and 1 CFR part 51.

(2) You must use this service information as applicable  to do the actions
    required by this AD, unless the AD specifies otherwise.

(i) Schempp-Hirth Flugzeugbau GmbH Technical Note 349-43,  dated August 9,
    2022.

(ii) Schempp-Hirth Flugzeugbau GmbH Working Instruction for Technical Note
     349-43, dated August 9, 2022.

Note 1 to paragraph (j)(2):  This service information  contains German  to
English translation.  EASA used the English translation in referencing the
document from Schempp-Hirth Flugzeugbau GmbH. For enforceability purposes,
the FAA will refer to the Schempp-Hirth Flugzeugbau GmbH  service informa-
tion in English as it appears on the document.

(3) For service information  identified in this AD,  contact Schempp-Hirth
    Flugzeugbau GmbH,  Krebenstrasse  25,  Kirchheim unter Teck,  Germany;
    phone +49 7021 7298-0; email info@schempp-hirth.com;  website schempp-
    hirth.com.

(4) You may view this service information at the FAA,  Airworthiness Prod-
    ucts Section, Operational Safety Branch,  901 Locust,  Kansas City, MO
    64106. For information on the availability of this material at the FAA
    call (817) 222-5110.

(5) You may view  this service information  that is incorporated by refer-
    ence at the National Archives and Records Administration  (NARA).  For
    information on the availability of this material  at NARA,  email: fr.
    inspection@nara.gov,  or go to: www.archives.gov/federal-register/cfr/
    ibr-locations.html.

Issued on August 17, 2023.  Victor Wicklund, Deputy Director, Compliance &
Airworthiness Division, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329-
4165; email: jim.rutherford@faa.gov.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1054; Project Identifier MCAI-2022-01513-G;
Amendment 39-22531; AD 2023-17-05]
RIN 2120-AA64

Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Schempp-Hirth Flugzeugbau GmbH (Schempp-Hirth) Model Ventus-2a and
Ventus-2b gliders. This AD is prompted by reports of the uncommanded
extraction of the airbrakes on one or both wings, possibly resulting in
reduced control of the glider. This AD requires repetitively inspecting
airbrake bell cranks and airbrake drive funnels for cracking,
repetitively inspecting the clearance of the airbrake control system,
and taking corrective action as necessary. This AD also requires
modifying the airbrake system, which is terminating action for the
repetitive inspections. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective October 12, 2023.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 12,
2023.

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No.FAA-2023-1054; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For service information identified in this final rule,
contact Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Kirchheim
unter Teck, Germany; phone: +49 7021 7298-0; email: info@schempp-hirth.com;
website: schempp-hirth.com.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call (817) 222-5110. It is also available at
regulations.gov under Docket No. FAA-2023-1054.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (816) 329-4165; email: jim.rutherford@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Schempp-Hirth Model
Ventus-2a and Ventus-2b gliders. The NPRM published in the Federal
Register on June 9, 2023 (88 FR 37807). The NPRM was prompted by AD
2022-0229, dated November 28, 2022, issued by the European Union
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Union (referred to after this as the
MCAI). The MCAI states that permanent excessive loads on the automatic
connections of the airbrake control system can cause damage to the
drive funnels in the fuselage and to the airbrake bell cranks at the
root ribs of the wings. The MCAI requires repetitively inspecting the
airbrake bell cranks and drive funnels for damage, inspecting the
airbrake control system for clearance, taking corrective actions if
necessary, and modifying the airbrake control system by replacing the
airbrake bell cranks with reinforced airbrake bell cranks and replacing
airbrake drive funnels with reinforced drive funnels. The MCAI states
that this modification is terminating action for the repetitive
inspections.
In the NPRM, the FAA proposed to require repetitively inspecting
airbrake bell cranks and airbrake drive funnels for cracking,
repetitively inspecting the clearance of the airbrake control system,
and taking corrective action as necessary. The FAA also proposed to
require modifying the airbrake system, which is terminating action for
the repetitive inspections. This condition, if not detected and
corrected, could lead to the uncommanded extraction of the airbrakes on
one or both wings and result in reduced control of the glider. The FAA
is issuing this AD to address the unsafe condition on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1054.

Discussion of Final Airworthiness Directive

Comments

The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data and
determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products. Except for minor editorial changes, this AD is
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Schempp-Hirth Technical Note 349-43, dated August
9, 2022, which specifies procedures for inspecting the automatic
airbrake control connections, including the airbrake bell cranks, for
any crack or damage at the welding seams, the airbrake drive funnels
for any crack or damage at the welding seams, and the clearance of the
airbrake control system, and modifying the airbrake control system by
replacing airbrake bell cranks with reinforced airbrake bell cranks and
replacing airbrake drive funnels with reinforced drive funnels.
The FAA also reviewed Schempp-Hirth Working Instruction for
Technical Note 349-43, dated August 9, 2022 (Schempp-Hirth Working
Instruction TN 349-43), which specifies procedures for inspecting the
clearance of the airbrake control system in the wings, inspecting the
airbrake bell crank and airbrake drive funnel to determine if a
reinforced airbrake bell crank and a reinforced airbrake drive funnel
are already installed, replacing any airbrake bell crank that is not
reinforced with a mounting plate having a reinforced airbrake bell
crank attached, replacing any airbrake drive funnel that is not
reinforced with a reinforced airbrake drive funnel, checking the
control system of the wings after installation of any reinforced parts,
and adjusting the control system as necessary. This service information
also specifies contacting the manufacturer if it is determined that
there is interference among the components of the airbrake control
system and adjustments to the airbrake control system are needed.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Differences Between This AD and the MCAI

Schempp-Hirth Working Instruction TN 349-43 specifies to contact
the manufacturer if it is determined that there is interference between
the components of the airbrake control system and adjustments to the
airbrake control system are needed. This AD requires doing those
adjustments in accordance with a method approved by the FAA; EASA; or
Schempp-Hirth's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
Schempp-Hirth Working Instruction TN 349-43 specifies to purchase a
new mounting plate with a reinforced airbrake bell crank installed from
the manufacturer or its international representative. This AD does not
specify the source from which new parts should be purchased.

Costs of Compliance

The FAA estimates that this AD affects 32 gliders of U.S. registry.
The FAA estimates the following costs to comply with this AD:

Estimated Costs

Action Labor cost Parts cost Cost per product Cost on U.S. operators
* Inspect airbrake bell cranks and drive funnels 4 work-hours x $85 per hour = $340 $0 $340 per inspection cycle $10,880 per inspection cycle
* Inspect clearance of airbrake control system 4 work-hours x $85 per hour = $340 0 $340 per inspection cycle $10,880 per inspection cycle
Replace airbrake bell cranks and drive funnels 8 work-hours x $85 per hour = $680 1,000 $1,680 $53,760

* The cost estimates provided for the inspection of the airbrake bell cranks and drive funnels and the inspection of the airbrake control system clearance are for the first occurrence. If no cracks are found, then the inspection is repeated at intervals not to exceed 100 hours time-in-service. The replacement of the bell cranks and drive funnels occurs if any cracking is found during the inspection (on-condition) or within 12 months (required action), whichever occurs first.

The FAA estimates the following costs to do any necessary actions
that will be required based on the results of the inspection. The
agency has no way of determining the number of gliders that might need
this action:

On-Condition Costs

Action
Labor cost
Parts cost
Cost per product
Replace airbrake bell cranks and drive funnels 8 work-hours x $85 per hour = $680
$1,000
$1,680

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES


1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: